Introduction
Springdot Hosting provide web hosting services and agree to host customer data according to the following terms and conditions.
Charges
Payment methods include PayPal, NoChex and Standing Order
All charges are exclusive of VAT, which will be paid by customer, if applicable.
Springdot Hosting do not provide credit facilities - all charges must be paid in advance of us providing a service. Failure to pay may result in termination of customer hosting.
Service Levels and Backup
Springdot Hosting will use all reasonable endeavours to make the server and hosting services available 100% of the time, however because of the nature of hosting services, Springdot Hosting can make no warranty or representation that the hosting service will be uninterrupted or error-free. Springdot Hosting will not, in any event, be liable for interruptions of service or server downtime.
Springdot Hosting do not provide data backup or restoration services and it is the responsibility of the customer to ensure that suitable backups are kept. Springdot Hosting accepts no liability for data loss or corruption.
General Terms
We do not allow Adult, Warez, illegal MP3 Sites or IRC
Bots. Additionally, we do not allow sites hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers. The customer is also prohibited from giving away web space under a domain, sub domain or directory.
Customer may not use the hosting services
or their website in any way to send unsolicited commercial
email or "spam", or any similar abuse of the services
Customer may not send email or any type of electronic
message with the intention or result of affecting the
performance of any computer facilities.
Customer may
not publish, post, distribute or disseminate defamatory,
obscene, indecent or other unlawful material or information,
or any material or information which infringes any
intellectual property rights (for the avoidance of doubt this
includes licensed software distributed as Warez), via the
hosting services or on the customer website.
Customer may not threaten, abuse, disrupt or otherwise violate the
rights (including rights of privacy and publicity) of
others.
Customer may not engage in illegal or unlawful
activities through the hosting services or via their
website.
Customer may not make available or upload
files to your website or to the hosting services that they
know contain a virus, worm, trojan or corrupt
data.
Customer may not obtain or attempt to obtain
access, through whatever means, to areas of Springdot
Hosting's network or the hosting services which are identified
as restricted or confidential. This includes leaving your home
directory whilst using SSH access to servers.
Customer
may not store more data in their account than their alotted
server space.
Customer server space and ftp
account is for your personal use only. You must not divulge
the password to any other person, and you should take
reasonable precautions to ensure that it is not discovered by
other people.
Data stored on our servers is not
guaranteed to be backed up. It is recommended that you keep an
independent backup of all data stored on your web
space.
Customer may not run server processes (eg.
talkers/IRC Bots) from your web space.
We shall
not be held liable for any loss or damages caused by the use
or misuse, unavailability or removal of
services.
When your account is closed, all files
(including web pages, etc.) will be deleted.
We
reserve the right to cancel your account at any time without
notice.
We reserve the right to amend and update
these Terms and Conditions at any time without
notice.
To protect your privacy we never
distribute your name or e-mail address to any third
parties.
Customers have full
responsibility for the content of their website. For the
avoidance of doubt, Springdot Hosting is not obliged to
monitor, and will have no liability for, the content of any
communications transmitted by virtue of our hosting services.
Bandwidth
Where Springdot Hosting operates unrestricted use of
bandwidth, a fair use policy applies. However, should your
bandwidth reach the points where it has an adverse affect on
other clients we reserve the right to disable your site until
you can reduce your bandwidth usage.
Some Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated either until you have upgraded to an account that has more data transfer included or a new month begins and your bandwidth total is reset to zero.
Web
Pages
Commercial use of web and ftp space is
permitted.
You will be fully responsible for the
content of your pages, including obtaining the legal
permission for any works they include and ensuring that the
contents of these pages do not violate UK law. For the
avoidance of doubt, Springdot Hosting is not obliged to
monitor, and will have no liability for, the content of any
communications transmitted by virtue of our hosting
services.
You will be held responsible for and accept
responsibility for any defamatory, confidential, secret or
other proprietary material available via your
page(s).
We reserve the right to remove material
deemed inappropriate from your web pages, without prior
notice. Springdot Hosting do not allow adult, warez or illegal
MP3 web sites on their
servers.
Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum data transfer of 25 GB per month for file distribution.
Cancellation and Refunds
If you take out one of our yearly packages we expect you to
commit for this period of time. Because of your commitment, we
offer a discount on the normal monthly price of our accounts.
If you cancel your account within your service period then
Springdot Limited will not make any refunds on any unused
portions of your account. While we do not offer refunds for
pro-rated service, you have no obligation to continue using
our service.
Springdot Hosting reserves the right
to cancel the service at any time. Customer refund requests
are to be sent to the email address
accounts[at]springdot.co.uk and will only be processed in the
cases of service non-performance where Springdot Hosting is
clearly at fault. Refund requests for problems beyond
Springdot Hosting's control will be refused.
Some
examples of this may include (but are not limited
to):
Domain transfer
failure.
Failure of any third party script or
program that is not supported by Springdot
Hosting.
A customer's lack of experience in
dealing with web basics and communication
protocols.
Indemnification
Customer agrees that it shall defend, indemnify, save and
hold Springdot Hosting and its employees and agents harmless
from any and all demands, liabilities, legal fees, losses,
costs and claims, including reasonable solicitors fees
asserted against Springdot Hosting, its agents, its customers,
officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any
product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless
Springdot Hosting against liabilities arising out
of:
(1) any injury to person or property caused by any
products sold or otherwise distributed in connection with
Springdot Hosting's server.
(2) any material supplied by
customer infringing or allegedly infringing on the proprietary
rights of a third party.
(3) copyright infringement.
(4)
any defective products sold to customer from Springdot
Hosting's server.
Limitation of
Liability
The entire liability of Springdot Hosting to the customer in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the hosting services under this agreement in respect of which the breach has arisen.
In no event shall Springdot Hosting be liable to the customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Springdot Hosting had been made aware of the possibility of the customer incurring such a loss.
DisclaimerSpringdot Hosting will not be responsible for any damages
your business may suffer, Springdot Hosting makes no
warranties of any kind, expressed or implied for services we
provide. Springdot Hosting disclaims any warranter
merchantability or fitness for a particular purpose. This
includes loss of data resulting from delays, non-deliveries,
wrong delivery, viruses and any and all service interruptions
caused by Springdot Hosting and its
employees.
Scripting
Springdot Hosting are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
Server UsageShould your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
MailboxesMail boxes not accessed for 100 days or more will be deleted from the system.
Deactivated AccountsWhen a web hosting account is deactivated, you agree that after 50 days this account may be deleted from the system without notice.
Springdot Hosting reserves the right to revise the above terms and conditions at any time.
By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.
Springdot Hosting is a trading name of Springdot Limited, a company registered in England, No. 5216282
Last Updated 13/04/2007
